Avoid Estate Litigation

Maintain consistency in your planning and documents. If you make equal gifts
to your heirs while alive, then make equal bequests to them in your will when
you die. If your agent under your power of attorney makes equal gifts to those
same people when you’re disabled, then there really isn’t likely to be much
issue if. However, if into that equal mix that you deed your home to your
eldest daughter, the question is why. There may in fact be nothing untoward in
that your daughter lived in the home with you and cared for you full time while
your other children didn’t. So you made one special provision for her. But
how will other heirs know that was the case, rather than your daughter merely
manipulating you during a weak moment.

Address inconsistencies in gifts, bequests and planning documents in a
manner that makes it clear that those differences are intentional. Sign a gift
letter explaining the rationale for the gift. Let your other children know why
it is that your daughter is receiving the house in addition to her share of
your estate. File a gift tax return. Your other children will know that you
bequeathed the house to her when you were of sound mind. This will also
reconfirm the gift many months later when the return is due. At yet another
date, sign a new will that expressly acknowledges the prior gift and that you
intend that your remaining assets should be bequeathed equally. This will show
that you spent time thinking about the gift, and that it is consistent
throughout different versions of the will. If you include a favorite nephew in
those who can receive gifts under your power of attorney, but not in your will,
expressly state in the power the maximum gifts that can be made to him. Address
differences explicitly and with detail to avoid fights and challenges later.
You want to know that after you die, your wishes will be adhered to.